Dnyaneshwar S/O Udhebhan Deulkar And Another v. The State Of Maharashtra Through The Collector, Amravati And 2 Others

18.2CAF.50.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO. 50/15 IN FIRST APPEAL ST. NO. 19923 OF 2014 Dnyaneshwar s/o Udhebhan Deulkar & another .vs. The State of Maharashtra & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.A. Mohta, Advocate for applicants, Mrs. Rashi Deshpande, A.G.P. for respondent nos. 1 & 2, Mr. S.G. Jagtap, Advocate for respondent no. 3. CORAM : SMT. MRIDULA R. BHATKAR, J.

DATED : FEBRUARY 18, 2015.

The application for condonation of delay of 558 days in filing appeal is preferred.

Mrs. Rashi Deshpande, learned A.G.P. for respondent nos. 1 & 2 and Mr. S.G. Jagtap, learned Advocate for respondent no.3 are present and waive notice. The learned Counsel for the applicants submits that the appeal could not be filed within limitation due to poverty and the appellant/claimants are poor and illiterate agriculturists. They could not raise funds and also could not seek proper legal assistance in time.

The application is vehemently opposed by the

18.2CAF.50.15 learned Counsel for the respondents as there is inordinate delay of 558 days.

The learned Counsel for the applicants/appellants submits that the appellants undertake that they shall not claim any interest on the amount of the compensation during the period of delay, i.e. 558 days. The statement made by the learned Counsel for the appellants is accepted and the applicants/appellants are directed to furnish an undertaking to that effect within two weeks from today. In view of the submissions and reasons mentioned in the application, the delay of 558 days is condoned.

Hence, the application stands disposed of accordingly.

Judge J.